Contracts Case Briefs | Law School Study Guide | Contract Law Cases & Analysis | Exam Review Notes | Latest Update 2026

Contracts Case Briefs b b




Remember, when reviewing a contracts case to always ask the following questions:
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1) What is the subject of the agreement and how does this influence the choice of law?
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a. If Sale of Goods, Secured Transaction, etc., then look to UCC
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b. If any other subject matter, look to common law and Restatement 2nd.
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2) Was there a valid contract?
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a. Did the parties form an agreement? Was there “mutual assent”?
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i. Was there an offer? AND
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ii. Was the offer accepted?
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b. If an agreement was formed, is this agreement a “Contract”?
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i. Was there valid consideration?
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ii. Are there any valid defenses?
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1. Statute of Frauds b b




2. Lack of Capacity b b




3. Duress/ Undue Influence b b




4. Misrepresentation

5. Ambiguity/Mistake

c. Even if no contract was formed, do the modern theories of contract law (e.g.,
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promissory estoppel, detrimental reliance or good faith modification) apply?
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3) Was the contract performed?
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a. Do the terms of the contract or conduct of the parties infer any rights or impose any
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duties upon parties non-trading parties (e.g., third-party beneficiaries, assignees,
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delegates)?
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b. Have the contract obligations matured? For example, are there conditions upon
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acceptance or performance of the contract?
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